15-4-256  Sale of solid fuel and firewood.
   (a)   It shall be unlawful for any person to engage in the business of a dealer in solid fuel, within the fire limits of the city, without first having obtained a hazardous materials license, as specified in Section 4-6-210, therefor; provided, that no license shall be required of any dealer in solid fuel for any place of business operated or conducted by such dealer in solid fuel and licensed as such by any municipality which has adopted an ordinance granting privileges similar to those contained in this section.
   (b)   Whenever used in this section, Section 15-4-257, Section 15-4-258, and Section 15-4-259, the term “solid fuel” shall mean any anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, petroleum carbon, firewood or any other manufactured or patented fuel not sold by liquid or metered measure; the term “hundredweight” shall mean 100 pounds avoirdupois; the word “ton” shall mean 20 hundredweight; the term “dealer in solid fuel” shall mean any person, as defined in this section, offering for sale, selling, delivering or selling and delivering any solid fuel; and the term “fuel oil dealer” shall mean any person who stores fuel oil for the purpose of sale, or conveys fuel oil in any vehicle for the purpose of sale. The term “storer of solid fuel” shall mean any person who stores solid fuel for use in any business but not for resale. The term “fuel oil storer” shall mean any person who keeps on hand or stores fuel oil for use in any business but not for resale.
   (c)   It shall be unlawful to conduct or operate any yard for the storage of solid fuel in any lot or plot of ground without first obtaining the written consents of the property owners representing the majority of the total frontage in feet of any lot or plot of ground lying wholly or in part within lines 150 feet distant from and parallel to the boundaries of the lot or plot of ground upon which said yard is to be installed; provided, however, that for the purpose of this section only the frontage of any such lot or plot of ground as comes within the 150 foot limit herein prescribed shall be considered; and provided, further, that any and all petitions containing such consents of property owners shall be based on and contain the legal description of the property affected and the date of signature. Whenever the lot or plot of ground in which said yard is to be installed is in any shape other than a rectangle, the 150 foot limiting line aforementioned shall not exceed in distance 150 feet from any point in the boundaries of such lot or plot of ground.
   (d)   Every dealer in solid fuel shall conform to the provisions of this Code regulating weights and measures, including the requirements as to certificates of weight, which are applicable thereto.
   (e)   It is hereby declared unlawful for any person to sell or offer for sale any two or more different kinds, grades or sizes of solid fuel which have been mixed in such manner as to prevent purchasers, or intended purchasers, or the inspector of weights and measures of the city or one of his deputies, from reweighing separately each kind, size and grade to determine the weight of each kind, size and grade.
   If two or more different kinds, grades or sizes of solid fuel are loaded on the same wagon, truck or other conveyance, each kind, grade and size of solid fuel shall be weighed and loaded separately, and shall be placed either in bags, separated by partitions, or in closed containers, which closed containers shall have legibly stamped upon their sides the actual net weight and the kind, grade and size of each type of solid fuel contained therein; such loading shall be in a manner sufficient that any time during the selling or delivering of such solid fuel, each kind, grade and size of solid fuel may be weighed separately; and the said person selling or delivering said solid fuel shall provide the driver of the wagon, truck or other conveyance in which the same is transported, with a delivery ticket or tickets made out in conformity with the provisions of Sections 4-276-360 to 4-276-400, stating the weight of each kind, grade or size of solid fuel so delivered.
   (f)   No person shall display, advertise or describe solid fuel in any false or misleading manner, or use any deceptive description of size or kind of solid fuel other than specified in Section 4-276-370. The term “coarse” shall not be used to describe a size or grade and is hereby declared to be deceptive. Figures and percentages of different sizes shall be considered misleading when used to describe solid fuel.
   No person shall deliver or attempt to deliver solid fuel containing more than 26 percent volatile matter, if such solid fuel has been advertised by the seller, ordered by the purchaser, or described by the public weighmaster's certificate as “Smokeless”, “Low Volatile”, “Pocahontas” or “New River”.
   (g)   No solid fuel shall be stored for sale in the same building with fuel oil, gasoline or other flammable liquids unless separated therefrom by a fireproof wall.
   It shall be unlawful for any person to deliver or attempt to deliver to a purchaser any kind, grade or size of solid fuel other than that advertised by the seller, ordered by the purchaser, or specified on the delivery ticket or weighmaster's certificate.
   It shall be the duty of every person conducting or operating a coal yard within the fire limits of the city to store all soft coal away from the brickwork of boilers and furnaces. Whenever coal in storage shows indication of spontaneous ignition or gives off gases, it shall be the duty of the licensee, agent or person in charge or control of the premises to turn over and overhaul such coal pile and remove all portions of coal showing indication of ignition or coking. The floor or ground surface of all coal yards shall at all times be kept free from flammable waste material and accumulations of combustible waste materials.
(Added Coun. J. 2-7-96, p. 15616; Amend Coun. J. 6-6-12, p. 28356, § 41)